alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Appellee, v. Lynda J. CRAIG, Appellant.

No. 07-3809.

United States Court of Appeals, Eighth Circuit.

Submitted: Jan. 6, 2009.

Filed: Jan. 16, 2009.

Ann M. Koszuth, Asst. Fed. Public Defender, Springfield, MO (Raymond C. Conrad, Jr., Fed. Public Defender, Kansas City, MO, on the brief), for appellant.

David P. Rush, Asst. U.S. Atty., Springfield, MO, for appellee.

Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges.

PER CURIAM.

Lynda Craig appeals the sentence the *32district court1 imposed after she pleaded guilty to conspiring to distribute methamphetamine and possessing a firearm in furtherance of the conspiracy. Craig’s counsel has moved to withdraw and filed a brief under *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

Craig pleaded guilty pursuant to a plea agreement containing a waiver of any right to appeal unless her sentence exceeded the statutory maximum or was an illegal sentence. We now enforce the appeal waiver because the record establishes Craig knowingly and voluntarily entered into the plea agreement and waiver; the appeal falls within the scope of the waiver; and no miscarriage of justice would result from enforcing the waiver. *See United States v. Andis,*333 F.3d 886, 889-92 (8th Cir.2003) (en bane) (discussing enforceability of appeal waiver); *United States v. Estrada-Bahena,*201 F.3d 1070, 1071 (8th Cir.2000) (per curiam) (enforcing appeal waiver in *Anders*case).

Having reviewed the record independently under *Penson v. Ohio,*488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues for appeal beyond the scope of the waiver. Therefore, we dismiss the appeal and we grant counsel’s motion to withdraw.

1

. The Honorable Dean Whipple, United States District Judge for the Western District of Missouri.
# C_2020137EN.01004901.xml

| 27.4.2020 | EN | Official Journal of the European Union | C 137/49 |
| --- | --- | --- | --- |

27.4.2020

EN

Official Journal of the European Union

C 137/49

---

Order of the General Court of 4 March 2020 — Bibita Group v EUIPO — Benkomers (Beverage bottles)

(Case T-180/19) (1)

(Community design - Invalidity proceedings - Registered Community design representing a beverage bottle - Earlier international design - Revocation of the contested decision - Action which has become devoid of purpose - No need to adjudicate)

(2020/C 137/76)

Language of the case: English

Parties

Applicant: Bibita Group SHPK (Tirana, Albania) (represented by: C. Seyfert, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Benkomers OOD (Sofia, Bulgaria)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 14 January 2019 (Case R 1070/2018-3), relating to invalidity proceedings between Bibita Group and Benkomers.

Operative part of the order

| 1. | There is no longer any need to adjudicate on the action. |
| --- | --- |

1.

There is no longer any need to adjudicate on the action.

| 2. | The European Union Intellectual Property Office (EUIPO) shall bear its own costs and shall pay the costs incurred by Bibita Group SHPK. |
| --- | --- |

2.

The European Union Intellectual Property Office (EUIPO) shall bear its own costs and shall pay the costs incurred by Bibita Group SHPK.

---

(1)  OJ C 164, 13.5.2019.

---
#### The People of the State of New York, Respondent, v Ricky Caldwell, Appellant.

unanimously af*1040firmed. Memorandum: The sentencing court should have determined youthful offender status with the benefit of a presentence investigative report at the time of pronouncing sentence and erred in determining this status when defendant entered his guilty plea (CPL 720.20). However, in view of defendant’s prior criminal record and his background as detailed in the presentence report, we affirm the denial of youthful offender status to him. (Appeal from judgment of Niagara County Court, Hannigan, J. — sexual abuse, first degree, and conspiracy, sixth degree.) Present — Denman, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.
Exhibit 31.1

Certifications

SECTION 302

I, Frank D. Puissegur, certify that:

1. I have reviewed this annual report on Form 10-KSB of American Commerce Solutions, Inc.;

2. Based on my
knowledge, this annual report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of circumstances under which such statements were made, not misleading with
respect to the period covered by this annual report;

3. Based on my knowledge, the financial statements, and other financial information
included in this annual report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this annual report;

4. The registrants other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

a) designed such disclosure controls and procedures to ensure that
material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this annual report is being prepared;

b) evaluated the effectiveness of the registrants disclosure controls and procedures as of a date within 90 days prior to the filing date of this
annual report (the Evaluation Date); and

c) presented in this annual report our conclusions about the effectiveness of the
disclosure controls and procedures based on our evaluation as of the Evaluation Date;

5. The registrants other certifying officers
and I have disclosed, based on our most recent evaluation, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent functions):

a) all significant deficiencies in the design or operation of internal controls which could adversely affect the registrants ability to record,
process, summarize and report financial data and have identified for the registrants auditors any material weaknesses in internal controls; and

b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal controls; and

6. The registrants other certifying officers and I have indicated in this annual report whether or not there were significant changes in internal
controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.



|                       |  |                                              |  |             
|---------------------- |  | -------------------------------------------- |  | ------------
|/s/ Frank D. Puissegur |  | Chief Financial Officer (Principal Financial |  |             
|Frank D. Puissegur     |  | Officer) and Director                        |  | June 9, 2006
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 36 Agreed to Senate (ATS)]

112th CONGRESS
  2d Session
S. CON. RES. 36

   To authorize the use of the rotunda and Emancipation Hall of the 
Capitol by the Joint Congressional Committee on Inaugural Ceremonies in 
   connection with the proceedings and ceremonies conducted for the 
inauguration of the President-elect and the Vice President-elect of the 
                             United States.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2012

  Mr. Schumer (for himself and Mr. Alexander) submitted the following 
       concurrent resolution; which was considered and agreed to

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
   To authorize the use of the rotunda and Emancipation Hall of the 
Capitol by the Joint Congressional Committee on Inaugural Ceremonies in 
   connection with the proceedings and ceremonies conducted for the 
inauguration of the President-elect and the Vice President-elect of the 
                             United States.

    Resolved by the Senate (the House of Representatives concurring),

SECTION 1. USE OF THE ROTUNDA AND EMANCIPATION HALL OF THE CAPITOL.

    The rotunda and Emancipation Hall of the United States Capitol are 
authorized to be used on January 21, 2013, by the Joint Congressional 
Committee on Inaugural Ceremonies in connection with the proceedings 
and ceremonies conducted for the inauguration of the President-elect 
and the Vice President-elect of the United States.
                                 <all>
```
[Federal Register Volume 86, Number 134 (Friday, July 16, 2021)]
[Rules and Regulations]
[Page 37671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15115]


=======================================================================
-----------------------------------------------------------------------

FARM CREDIT ADMINISTRATION

12 CFR Part 655

RIN 3052-AD47


Federal Agricultural Mortgage Corporation Disclosure and 
Reporting

AGENCY: Farm Credit Administration.

ACTION: Notification of effective date.

-----------------------------------------------------------------------

SUMMARY: The Farm Credit Administration (FCA) issued a direct final 
rule adopting administrative amendments to eliminate requirements for 
the Federal Agricultural Mortgage Corporation (Farmer Mac) to submit 
paper copies of certain reports to the FCA's Office of Secondary Market 
Oversight (OSMO). Electronic copies of the reports are sufficient for 
oversight and examination purposes.

DATES: The direct final rule amending 12 CFR part 655, published on May 
24, 2021 (86 FR 27797), is effective on July 9, 2021.

FOR FURTHER INFORMATION CONTACT: 
    Technical Information: Tiffany West, Assistant to the Director, 
Office of Secondary Market Oversight, Farm Credit Administration, 
McLean, VA 22102-5090, (703) 883-4280, TTY (703) 883-4056; or
    Legal Information: Hazem Isawi, Senior Attorney, Office of General 
Counsel, Farm Credit Administration, McLean, VA 22102-5090, (703) 883-
4020, TTY (703) 883-4056.

SUPPLEMENTARY INFORMATION: On May 24, 2021, FCA issued a direct final 
rule adopting administrative amendments to eliminate requirements for 
Farmer Mac to submit paper copies of certain reports to OSMO. In 
accordance with 12 U.S.C. 2252(c)(1), the effective date of the rule is 
no earlier than 30 days from the date of publication in the Federal 
Register during which either or both Houses of Congress are in session. 
Based on the records of the sessions of Congress, the effective date of 
the regulations is July 9, 2021.

    Dated: July 12, 2021.
Dale Aultman,
Secretary, Farm Credit Administration Board.
[FR Doc. 2021-15115 Filed 7-15-21; 8:45 am]
BILLING CODE 6705-01-P
# Fourth Court of Appeals

**San Antonio, Texas**

March 11, 2015

No. 04

- 15

- 00129

- CV

IN RE Armando HERNANDEZ and Nancy Hernandez

Original Mandamus Proceeding 1

ORDER

Sitting: Karen Angelini, Justice Rebeca C. Martinez, Justice Jason Pulliam, Justice

On March 10, 2015

, relator s Armando Hernandez and Nancy Hernandez filed a petition

for writ of mandamus and emergency motion for temporary relief pending a ruling on the mandamus petition. The court has consi dered the petition for writ of mandamus and is of the opinion that relator s are not entitled to the relief sought. See T EX

. C IV

. P RAC

. & R EM

. C ODE A NN

. §51.014(a)(1), (4) (West 2015 ) (authorizing interlocutory appeal from orders appointing a receiver and g ranting temporary injunction ). Accordingly, the petition for writ of mandamus and

emergency motion for temporary relief are DENIED without prejudice to relators’ right to request emergency relief in the context of an interlocutory appeal

. See T EX

. R. A PP

. P

. 29.3, 52.8(a). The court’s opinion will issue at a later date.

It is so ORDERED on March 11, 2015

.



### PER CURIAM

ATTESTED TO:

____________________________ Keith E. Hottle

Clerk of Court

1 This proceeding arises out of Cause No. 2014

- CI

- 17077, styled Armando H ernandez and Nancy Hernandez v. Mario Saldivar, Fernando Saldivar, Jorge Calderon

, and Jorge Saldivar , pending in the 150th Judicial District Court, Bexar County, Texas, the Honorable Barbara Hanson Nellermoe presiding.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         Center for Scientific Review Special Emphasis Panel; Small Business: Instrumentation.                    

*Date:*                         August 12, 2021.                    

*Time:*                         2:00 p.m. to 3:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).                    

*Contact Person:*                         Joonil Seog, SCD Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, 301-402-9791,                         *joonil.seog@nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)

      ( print page 38107)    
Dated: July 13, 2021. 

David W Freeman,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2021-15201 Filed 7-16-21; 8:45 am]

BILLING CODE 4140-01-P
(March 25, 1985)

#### Lawrence R. Bailey, Sr., Appellant, v Clifton Towns, Respondent.

— Order of the Supreme Court, Queens County (Kunzeman, J.), entered June 19, 1984, affirmed, insofar as appealed from, with costs *(see, e.g., Altman v Wallach,*104 AD2d 391). Mollen, P. J., Titone, Lazer and Thompson, JJ., concur.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 983 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 983

To amend the Internal Revenue Code of 1986 to disallow a deduction for 
amounts paid or incurred by a responsible party relating to a discharge 
                                of oil.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2011

  Mr. Nelson of Florida introduced the following bill; which was read 
             twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to disallow a deduction for 
amounts paid or incurred by a responsible party relating to a discharge 
                                of oil.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DENIAL OF DEDUCTION FOR AMOUNTS PAID OR INCURRED BY A 
              RESPONSIBLE PARTY.

    (a) In General.--Section 162 of the Internal Revenue Code of 1986 
is amended by redesignating subsection (q) as subsection (r) and by 
inserting after subsection (p) the following new subsection:
    ``(q) Certain Expenses of a Responsible Party.--
            ``(1) In general.--No deduction shall be allowed under 
        subsection (a) for any amount paid or incurred by a responsible 
        party relating to any incident resulting in the discharge of 
        oil into the navigable waters, other than an incident caused by 
        an act of God or an act of war.
            ``(2) Definitions.--Any term used in paragraph (1) which is 
        also used in the Oil Pollution Act of 1990 shall have the 
        meaning given such term by such Act.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to returns of tax the due date of which (including extensions of time) 
is after the date of the enactment of this Act.
                                 <all>
```
#### The People of the State of New York, Respondent, v William Rowe, Also Known as William Roe, Appellant.

— Four judgments of the Supreme Court, Queens County (Rotker, J.), all rendered November 28, 1983, affirmed (see, *People v Pellegrino,*60 NY2d 636; *People v Harris,*61 NY2d 9; *People v Kazepis,*101 AD2d 816). Lazer, J. P., Thompson, Rubin and Kunzeman, JJ., concur.
EXHIBIT 10.2



 Exhibit 10.2 
 THIRD AMENDMENT TO GUARANTY 
 This Third Amendment to
Guaranty, dated as of December 21, 2009 (this “Third Amendment”) is by and between JER Investors Trust Inc., a Maryland corporation (the “Guarantor”) and J.P. Morgan Securities Inc.
(“JPMSI”). 
 WHEREAS, the parties hereto have entered into that certain Guaranty dated as of
September 12, 2008 (the “Original Guaranty”), which Original Guaranty was amended pursuant to that certain Amendment to Guaranty dated as of September 26, 2008 (the “First Amendment”) and a
second Amendment to Guaranty dated as of December 21, 2008 (the “Second Amendment”) (the Original Guaranty, First Amendment and Second Amendment, collectively, the “Guaranty”); and 
 WHEREAS, the parties hereto acknowledge and agree that they wish to further amend the Guaranty as more particularly set forth herein;

 NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Guarantor
and JPMSI hereby agree as follows: 
 Section 10 of the Guaranty is hereby amended as follows: 
  

	 	(i)	Section 10(a) shall be deleted in its entirety. 

  

	 	(ii)	Section 10(b) shall be deleted in its entirety. 

  

	 	(iii)	Section 10(c) shall be deleted and replaced with the following: 

 “(c)    permit at any time the sum on a consolidated basis of cash and cash equivalents held free and clear of any liens or encumbrances by Guarantor to fall below $150,000.”

  

	 	(iv)	The definition of “Tangible Net Worth” shall be deleted. 

 Except as otherwise set forth herein, the Guaranty shall remain unchanged and in full force and effect. From and after the date hereof, any reference to the Guaranty shall be a reference to the Guaranty
as amended hereby. 
 THIS THIRD AMENDMENT SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK
WITHOUT REFERENCE TO ITS CONFLICTS OF LAW PRINCIPLES THAT WOULD DESIGNATE THE LAWS OF ANOTHER JURISDICTION. 
  







 IN WITNESS WHEREOF, the undersigned have caused this Third Amendment to be duly executed and
delivered as of the day and year first written above. 
  

									
	J.P. MORGAN SECURITIES INC.	 		 	JER INVESTORS TRUST INC.
					
	By:	 	/s/ Mark D. Pasierb	 		 	By:	 	/s/ Jeffrey D. Goldberg
	Name:	 	Mark D. Pasierb	 		 	Name:	 	Jeffrey D. Goldberg
	Title:	 	Managing Director	 		 	Title:	 	Authorized Signatory
# C_2021217EN.01004002.xml

| 7.6.2021 | EN | Official Journal of the European Union | C 217/40 |
| --- | --- | --- | --- |

7.6.2021

EN

Official Journal of the European Union

C 217/40

---

Judgment of the General Court of 24 March 2021 — Bennahmias v Parliament

(Case T-798/19) (1)

(Institutional law - Rules governing the payment of expenses and allowances to Members of the European Parliament - Parliamentary assistance allowance - Recovery of sums unduly paid - Burden of proof - Obligation to state reasons - Error of law - Error of fact - Proportionality)

(2021/C 217/52)

Language of the case: French

Parties

Applicant: Jean-Luc Bennahmias (Marseille, France) (represented by: J.-M. Rikkers, J.-L. Teheux, M. Ganilsy and C. De Kuyper, lawyers)

Defendant: European Parliament (represented by: N. Lorenz and M. Ecker, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of the decision of the Secretary-General of the Parliament of 16 September 2019 concerning the recovery from the applicant of a sum of EUR 29 806 unduly paid as parliamentary assistance allowance and the debit note of 19 September 2019 relating thereto.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Mr Jean-Luc Bennahmias to bear his own costs and pay those incurred by the European Parliament. |
| --- | --- |

2.

Orders Mr Jean-Luc Bennahmias to bear his own costs and pay those incurred by the European Parliament.

---

(1)  OJ C 45, 10.2.2020.

---
DISMISS; and Opinion Filed December 28, 2015. 

# S

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05

- 15

- 01457

- CR

JACKIE DON MARTIN , Appellant V. THE STATE OF TEXAS , Appellee
On Appeal from the County Court at Law No. 1 Grayson County, Texas Trial Court Cause No. 2015

- 1

- 0882


### MEMORANDUM OPINION Before Justices Fillmore, Myers, and Whitehill Opinion by Justice Fillmore Jackie Don Martin pleaded guilty to assault involving family violence. Pursuant to a plea
agreement, the trial court deferred adjudication of Martin’s guilt and placed him on twenty

- four
months’ community supervision. Martin waived his right to appeal as part of the plea

agreement. See Blanco v. State , 18 S.W.3d 218, 219

– 20 (Tex. Crim. App. 2000). The trial court

has certified both that Martin waived his right to appeal and that the case involves a plea bargain

and Martin has no right to appeal. See T EX

. R. A PP

. P . 25.2(a), (d); Dears v. State , 154 S.W.3d
610 ( Tex. Crim. App. 2005). We dismiss the appeal for want of jurisdiction.

Do Not Publish T EX

. R. A PP

. P . 47

151457F.U05 /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE– 2

– 

# S

Court of Appeals Fifth District of Texas at Dallas
JUDGMENT

JACKIE DON MARTIN, Appellant

No. 05

- 15

- 01457

- CR V.
THE STATE OF TEXAS, Appellee On Appeal from the County Court at Law No. 1, Grayson County, Texas Trial Court Cause No. 2015

- 1

- 0882. Opinion delivered by Justice Fillmore, Justices Myers and Whitehill par ticipating.

Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction.

Judgment entered this 28th day of December, 2015.